People v. Neff

Sentence modified, on the law, by deleting the provision thereof imposing a surcharge of $40 or, in the alternative, a three-day term of imprisonment. As so modified, sentence affirmed. Defendant may make an application to the County Court, Nassau County, for a refund of the $40, and upon proof that payment has been made, his application shall be granted.

Although the defendant has apparently satisfied that portion of the subject judgment as imposed a mandatory surcharge of $40 or, in the alternative, an additional sentence of three days’ imprisonment, by rendering full payment of the $40…